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THE CITY OF 2 mim CITY COUNCIL AGENDA REPORT pL£ASANTON® August 18, 2009 Police Department Office of the City Attorney TITLE: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 6.24 OF MUNICIPAL CODE CONCERNING MASSAGE PROVIDERS TO CONFORM TO NEW STATE LAW SUMMARY In 2008, the State Legislature adopted Senate Bill 731 (SB 731) to provide for the statewide, voluntary certification of massage practitioners, massage therapists and massage establishments. Prior to its passage, cities and counties in California had authority to adopt ordinances that licensed and regulated massage therapists and businesses in their jurisdictions. Because the ordinances often varied, SB 731 was adopted to provide consistent statewide regulation. SB 731 provides that certificate holders are exempt from local permitting requirements. Because the certification is voluntary, massage practitioners, therapists and establishments may chose to either seek statewide certification or stay with local permits. SB 731 established a nonprofit organization, now known as the California Massage Therapy Council, to certify qualified massage practitioners, therapists and establishments. The organization also oversees certificate holders and can take disciplinary action against them if, for example, they have been arrested of specified crimes. The attached, proposed ordinance amends Pleasanton Municipal Code Chapter 6.24 (Massage) to conform to SB 731 while maintaining local control to the maximum extent allowed by law. RECOMMENDATION Introduce the attached ordinance to revise Municipal Code Chapter 6.24 (Massage). FINANCIAL STATEMENT Minimal impact. Although City resources will be used to verify certification under state law and compliance with state and local laws, the cost should be de minimus.